10/20/2010 - NOTICE OF DETERMINATION ISSUED.
NOD STATES:
IN A JULY 23, 2008, LETTER TO EPA, RESPONDENT DISCLOSED VIOLATIONS OF THE CWA, RCRA, TSCA. ON MARCH 17, 2009, RESPONDENT SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADDITIONAL INFORMATION, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE COLLEGE BACK INTO COMPLIANCE AND VIOLATIONS LISTED IN ATTACHMENT A TO THIS NOD, AND INCORPORATED HEREIN BY REFERENCE.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY RESPONDENT, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED ABOVE: RESPONDENT MEETS THE CONDITIONS OF THE EPA AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR VIOLATIONS OF THE CWA, RCRA, AND TSCA. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS, AS SPECIFIED IN ATTACHEMENT A TO THIS NOD AND INCORPORATED HEREIN BY REFERENCE. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY. EPA ALSO FINDS THAT ALTHOUGH RESPONDENT DISCLOSED POTENTIAL VIOLATIONS OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT; NO VIOLATIONS OCCURRED, AS SPECIFIED IN ATTACHMENT A TO THIS NOD AND INCORPORATED HEREIN BY REFERENCE.
CONSISTENT WITH THE PURPOSES OF THE AUDIT POLICY, EPA EXPECTS RESPONDENT TO INSTITUTE, ON A CONTINUING AND INSTITUTIONAL BASIS, THE INTERNAL POLICIES AND PROCEDURES NECESSARY TO PREVENT RECURRENCE OF VIOLATIONS OF ENVIRONMENTAL REQUIREMENTS.